J K Yarn Private Limited vs Thiruvalluvaar Textiles Private ...
2025 Latest Caselaw 1917 Cal/2

Calcutta High Court

J K Yarn Private Limited vs Thiruvalluvaar Textiles Private ... on 24 June, 2025

OCD-3
                             ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
                       COMMERCIAL DIVISION
                           ORIGINAL SIDE

                           EC-COM/431/2024

                    J K YARN PRIVATE LIMITED
                              -VS-
            THIRUVALLUVAAR TEXTILES PRIVATE LIMITED

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : June 24, 2025.
                                                                     Appearance:
                                                           Mr. Vikas Baisya, Adv.
                                                           Ms. Ranjana Seal, Adv.
                                                           ...for the decree holder

                                                      Mr. Sankarsan Sarkar, Adv.
                                                            Mr. Raja Baliyal, Adv.
                                                      Ms. Rajarshi Ganguly, Adv.
                                               Mr. Vidya Bhaskar Upadhyay, Adv.
                                                        ...for the judgment debtor

    1.

Mr. Vikas Baisya, learned Advocate, is appearing for the decree

holder.

2. Mr. Sankarsan Sarkar, learned Advocate, is appearing for the

judgment debtor.

3. The decree holder has filed the present execution proceeding for

execution of the judgment and decree passed by this Court

claiming an amount of Rs.2,08,87,399.20 on 19th June, 2025. The

judgment debtors has paid an amount of Rs.1,46,00,000/- leaving

a balance amount of Rs.62,87,399.20.

4. Now, counsel for the judgment debtor submits that the balance

amount of Rs.62,87,399.20 has also been paid and the leaned

counsel for the decree holder has confirmed that he has received

the total decretal amount along with interest with full satisfaction.

5. Counsel for the decree holder submits that though this Court has

passed a decree directing the defendant company for payment of

the decretal amount and the decree holder has filed execution case

against the company but the amount is paid by one of the

directors of the company.

6. Counsel for the judgment debtor submits that though the amount

has been paid by one of the directors of the company but that may

be treated that the amount has been paid by the company and as

the director has paid the total decretal amount, the decree holder

shall not claim any further amount against the judgment debtor.

7. Thus, this Court finds that the decree holder has received the total

decretal amount with full satisfaction, accordingly, EC-

COM/431/2024 is disposed of.

8. The warrant of arrest against the judgment debtor is recalled and

dropped.

(KRISHNA RAO, J.)

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